Volume 8 Issue 5

Indicates featured legislation

Jurisdiction: Newly Introduced

Hawaii HB 1846 Increases the maximum claim amount that determines district court jurisdiction in civil cases from $25,000 to $40,000. In House Judiciary Committee.

Kansas SB 287 Redefines powers and jurisdiction of district magistrate judges. In Senate Judiciary Committee.

Mississippi HB 557 Prohibits use of foreign law, including specifically sharia law. In House Judiciary A Committee.

Mississippi SB 2660 Prohibits use of foreign law in state's courts. In Senate Judiciary A Committee.

Jurisdiction: Floor and Committee Activity

NONE

Qualifications and Terms: Newly Introduced

Louisiana SB 11 (Constitutional Amendment) Removes mandatory judicial retirement age. In Senate Judiciary A Committee.

Oklahoma HB 3378 Sets mandatory retirement age for appellate judges at 75. Allows judges who reach age 75 to serve out their term. Prefiled.

Oklahoma HB 3379 Creates term limits for judges of Court of Civil Appeals of 12 years. Prefiled.

Oklahoma SB 1897 Sets mandatory retirement age for all judges based on formula: sum of years of service as judge + age = 80. Prefiled.

Qualifications and Terms: Floor and Committee Activity

Virginia HB 279 Increases mandatory judicial retirement to the expiration of a judge's term after the age of 70. Provides bill only becomes effective if the Judicial Performance Evaluation Program is funded and implemented. Approved by House Courts of Justice Civil Subcommittee 1/21/14.

Virginia SB 170 ORIGINAL: Increases the mandatory judicial retirement age from 70 to 72. AMENDED: Increases from 70 to 73. Approved as amended by Senate Finance Committee 1/22/14.

Rule Making Authority: Newly Introduced

Oklahoma SB 1747 Requires Supreme Court receive approval of legislature for changes to Code of Judicial Conduct. Prefiled.

Oklahoma SB 1894 Creates statutory version of Code of Judicial Conduct. Removes various references to judicial independence from current code. Prefiled.

Rule Making Authority: Floor and Committee Activity

Kentucky SB 45 Provides state supreme court may by rule authorize a process allowing a search warrant to be applied for and issued electronically if the process meets the requirements of Section 10 of the Kentucky Constitution, requires the production of a paper copy of the warrant at the time it is served, and otherwise complies with any other requirements for search warrants generally, including those pertaining to their filing, execution, and return. Approved by Senate Judiciary Committee 1/23/14.

Virginia HB 1038 Provides that no scheduled hearing or trial by jury shall be removed from any district court or circuit court docket for failure to comply with any local rule prescribed by a district or circuit court. Approved by House Courts of Justice Civil Subcommittee 1/20/14.

Virginia HB 825 Provides that the clerk's office of every district court shall be kept open for the transaction of business on every day except Saturday, Sunday, and the statewide legal holidays designated in the Code of Virginia. Currently the days of operation are set by the Committee on District Courts. Deferred until 2015 by House Courts of Justice Committee 1/20/14.

Virginia SB 318 Provides that the clerk's office of every district court shall be kept open for the transaction of business on every day except Saturday, Sunday, and the statewide legal holidays designated in the Code of Virginia. Currently the days of operation are set by the Committee on District Courts. Referred to Senate Courts of Justice Committee 1/20/14.

Salary and Budget: Newly Introduced

Kansas SB 288 Allows courts to contract out for collection of debts owed to the courts. In Senate Judiciary Committee.

Kentucky SB 93 Provides if judge is convicted or pleads guilty to crimes related to duties as judge he or she forfeits retirement. Requires AOC notify judicial retirement system of conviction. In Senate (no committee).

Louisiana SB 15 Allows surviving spouse of a judge to take a lump-sum benefit in lieu of regular payouts. In Senate Retirement Committee.

Mississippi HB 579 Creates Court Collections Fund to assist courts in recovering debts owed to them. Provides program to be paid for via $15 fee assessed on convictions in misdemeanor cases. In House Appropriations Committee.

Mississippi SB 2627 Creates Court Collections Fund to assist courts in recovering debts owed to them. Provides program to be paid for via $15 fee assessed on convictions in misdemeanor cases. In Senate Judiciary B Committee.

Oklahoma HB 2475 Retains procedure linking salaries of other state officers/elected officials to judicial salaries. Required Board of Judicial Compensation examine the salaries of those other state officers/elected officials separately. Prefiled.

Oklahoma HJR 1087 Rejects increase in the compensation for members of the State Judiciary as approved by the Board on Judicial Compensation. Prefiled.

Oklahoma SB 1749 Eliminates procedure linking salaries of other state officers/elected officials to judicial salaries. Prefiled.

Oklahoma SB 1755 Creates Court Clerk's Records Management and Preservation Funds in each county. Prefiled.

Oklahoma SB 1882 Allows board of county commissioners to enter into contracts with debt collection agencies to recover district court penalties, costs, fines and fees. Collection company permitted to retain up to 35% of debt recovered. Prefiled.

Oklahoma SJR 54 Rejects increase in the compensation for members of the State Judiciary as approved by the Board on Judicial Compensation. Prefiled.

Oklahoma SJR 60 Rejects increase in the compensation for members of the State Judiciary as approved by the Board on Judicial Compensation. Prefiled.

Tennessee SB 2367 Allows a court clerk to accept a lump sum partial payment in full settlement of the outstanding balance due on a case for unpaid fines, costs, or litigation taxes if the outstanding balance has remained unpaid for at least 5 years. In Senate (no committee).

Utah SB 108 Requires an additional $20 filing fee in civil justice court cases if a person files a complaint, petition, answer, or response prepared through the Online Court Assistance Program. In Senate (no committee).

Washington SB 6305 Creating a defined contribution retirement plan option for elected officials (currently judges are covered by either Public Employees' Retirement System or older Judicial Retirement System). In Senate Ways & Means Committee.

Salary and Budget: Floor and Committee Activity

Florida SB 264 Requires judicial branch report on every statute impacting the branch that has monetary value/amount written into the statute. Requires recommendations for increases to value/amount based on inflation. Approved by Senate Governmental Oversight and Accountability Committee 1/16/14.

Hawaii HB 1636 Authorizes additional land court fees to be established by court or administrative rule. Approved by House Water & Land Committee 1/24/14.

New Hampshire HB 173 Repeals the provision which allows for supplemental allowances to be granted to judges retired under the judicial retirement plan. Rejected by full House 1/22/14.

New Hampshire SB 264 Requires the election of benefits by certain members of the judicial retirement plan. Approved by Senate Finance Committee 1/23/14.

Virginia HB 10 Provides that the annual retirement allowance of any person who has served as a judge but retires under a different defined benefit retirement plan shall not exceed 78 percent of the person's average final compensation, unless such person after ceasing to be a judge performs five or more years of creditable service under such other defined benefit retirement plan. Provides in no case shall such person's annual retirement allowance exceed 100 percent of his average final compensation. Clarifies that only those persons who retired as a judge or justice may serve as a senior jurist on the Supreme Court or the Court of Appeals. Approved by House Appropriations Compensation and Retirement Subcommittee 1/23/14.

Virginia HB 299 Eliminates the class of judicial retirees created in 2010 for whom the weighted years of service factor is dependent upon age. Approved by House Courts of Justice Committee 1/20/14.

Selection: Newly Introduced

Hawaii SB 2752 (Constitutional Amendment) Requires the senate to make the determination to retain justices and judges instead of the judicial selection commission. In Senate Judiciary Committee.

Indiana HB 1298 Modifies merit selection system of St. Joseph superior court. Changes judicial nominating commission. Requires mandatory judicial retirement at age 75. Requires 60% yes vote in retention elections. In House Courts and Criminal Code Committee.

Indiana HB 1298 Modifies merit selection system of St. Joseph superior court. Changes judicial nominating commission. Requires mandatory judicial retirement at age 75. Requires 60% yes vote in retention elections. In House Judiciary Committee.

Indiana HB 1318 Provides that a candidate for a local judicial office is not required to file a statement of economic interests. In House Elections Committee.

Kansas HB 2492 Allows for recall of judicial officers. In House Judiciary Committee.

Mississippi HB 245 Allows for recall of all elected officials, including judges. In House Apportionment and Elections Committee.

Mississippi SB 2439 Allows for recall of all elected officials, including judges. In Senate Elections Committee.

Mississippi SB 2719 Provides for nonpartisan elections for justice court judges. In Senate Elections Committee.

Oklahoma HB 3301 Requires fudges of the Court of Civil Appeals receive 60% yes for in retention elections. Prefiled.

Oklahoma HB 3380 Creates Board on Judicial Performance Evaluation. Board to evaluation appellate and district court judges on integrity, legal knowledge, communication skills, judicial temperament, administrative performance, whether the judge "participates in a proportionate share of the court's workload", and service to the legal profession and the public by participating in service-oriented efforts. Results of Board's evaluation to be released 45 days prior to election/re-election. Prefiled.

Oklahoma HB 3381 Changes to membership of Judicial Nominating Commission: 6 members chosen by the Oklahoma Bar Association to be removed by attrition. New members must be Oklahoma Bar Association members, but are to be chosen by Speaker of the House (3) and President Pro Tempore of the Senate (3). Prefiled.

Oklahoma HJR 1094 (Constitutional Amendment) Requires judges up for retention elections get 60% yes vote. Prefiled.

Oklahoma SB 1646 For retention elections, requires name of governor who appointed appellate judge to appear next to judge's name and how long judge has served. Prefiled.

Tennessee HB 1767 Requires all appellate judges be elected via contested elections unless November 2014 constitutional amendment providing for different system approved by voters. In House (no committee).

Tennessee SB 1896 Requires all appellate judges be elected via contested elections unless November 2014 constitutional amendment providing for different system approved by voters. In Senate Judiciary Committee.

Tennessee SB 2075 Revives and reconstitutes the judicial nominating commission. In Senate (no committee).

Tennessee SB 2363 Requires appellate judges be chosen from districts. In Senate (no committee).

Washington HB 2525 Provides for public financing of supreme court campaigns. Funding to be provided in part by $10 surcharge on bar dues. In House Government Operations & Elections Committee.

Selection: Floor and Committee Activity

NONE

Structure Changes: Newly Introduced

Hawaii HB 2412 Establishes environmental courts as divisions within the circuit courts to hear all proceedings arising from environmental laws. In House (no committee).

Mississippi HB 491 Provides any chancery or county court may establish a domestic abuse court program. In House Judiciary B Committee.

Mississippi SB 2412 Removes provision that limits number of judges that may serve in certain municipal courts. In Senate Judiciary A Committee.

Mississippi SB 2474 Redistricts all state trial courts. In Senate Judiciary A Committee.

Mississippi SB 2634 Modified county population requirements for additional justice court judges. Provides changes cannot result in reduction of number of justices serving as of June 30, 2014. In Senate Judiciary A Committee.

Mississippi SB 2656 Creates pilot program to allow creation of multi-county county courts. In Senate Judiciary A Committee.

Nebraska LB 1150 Authorizes creation of veterans and servicemembers court programs subject to rules established by supreme court. In Senate Judiciary Committee.

Oklahoma HB 3169 Creates Oklahoma Court System Task Force to study the state court system and rewrite the laws in order to simplify and organize the courts in a more streamlined fashion. Prefiled.

Structure Changes: Floor and Committee Activity

Indiana SB 160 Provides a new court with one or more new judges may not be established. Provides one or more new judges may not be added to an existing court unless the establishment of the new court and the addition of the new judges to an existing court are authorized by state law. Approved by Senate Judiciary Committee 1/16/14.

Virginia HB 606 Increases and decreases the number of circuit, general district, and juvenile court judges authorized for each judicial circuit and district in accordance with a study report issued by the National Center for State Courts. These adjustments are recommended by the Judicial Council and by the Committee on District Courts. (Full disclosure, Gavel to Gavel is an NCSC publication). Approved by House Courts of Justice Committee 1/20/14.

Other: Newly Introduced

Alabama HB 341 Repeals requirement that supreme court rules be published by Secretary of State in Acts of Alabama. In House Judiciary Committee.

Alabama SB 253 (Constitutional Amendment) Allows for impeachment of district court judges, removes reference to impeachment of chancery court judges. In Senate Constitution, Campaign Finance, Ethics, and Elections Committee.

Alabama SB 261 Allows for impeachment of district court judges, removes reference to impeachment of chancery court judges. In Senate Constitution, Campaign Finance, Ethics, and Elections Committee.

Kansas SB 289 Sets time limits for determination of motions/cases: 120 days in District court & 180 days in appellate courts. In Senate Judiciary Committee.

Mississippi HB 482 Exempt certain former judges from continuing legal education requirements. In House Judiciary A Committee.

Mississippi HB 593 Requires Administrative Office of the Courts recommend uniform format for keeping youth court records. In House Judiciary A Committee.

New York AB 5946 Provides that filing false liens or encumbrances against public officers or public employees or with the intent to harass, intimidate or otherwise attempt to affect the actions of the public official or public employee, knowingly file a false or misleading lien is a first degree class E felony. In Assembly Codes Committee.

New York SB 3482 Provides that filing false liens or encumbrances against public officers or public employees or with the intent to harass, intimidate or otherwise attempt to affect the actions of the public official or public employee, knowingly file a false or misleading lien is a first degree class E felony. In Senate Codes Committee.

Oklahoma SB 1426 Extends juror intimidation statute to cover intimidation of judges. Increases penalty from misdemeanor to felony. Prefiled.

Tennessee SB 1955 Removes the requirement that judges must complete POST training in order to carry a firearm in the discharge of the judge's official duties. In Senate Judiciary Committee.

Tennessee SB 2322 Removes Supreme Court's authority over Administrative Office of the Courts. Transfers AOC to State Treasurer. Disbands Judicial Performance Evaluation Commission, Judicial Nominating Commission and Board of Judicial Conduct. Creates the Board of Judicial Nominations and Judicial Standards and Review Board under control of governor and state legislative leaders. Requires state appellate judges be elected in contested elections unless alternative system approved at November 2014 ballot. In Senate (no committee).

Washington HB 2556 Authorizes and encourages the establishment of therapeutic courts such as drug courts, veterans courts, and mental health courts. In House Judiciary Committee.

Washington HB 2601 Allows a municipal court term to be terminated only at the end of the judicial term of the judge or judges of that court. In House (no committee).

Washington SJR 8215 (Constitutional Amendment) Provides only persons who are qualified voters in a county are elected or appointed to the office of judge of the superior court for that county. In Senate Law & Justice Committee.

Other: Floor and Committee Activity

Indiana SB 3 Increases punishment for batteries committed on judges. Allows judges to carry firearms in the same places and manner as law enforcement. Approved by full Senate 1/23/14.

Indiana SB 134 Makes it a felony to file a false lien on judges or others. Requires Division of State Court Administration create forms to help pro se litigants contest such filings. Approved by Senate Corrections & Criminal Law Committee 1/23/14.

New Hampshire SB 249 Removes the requirement that the annual report on judicial performance evaluations include evaluation results for each judge evaluated. Approved by Senate Judiciary Committee 1/21/14.

New Hampshire SB 263 Allows state court judges to solemnize marriages. Approved by Senate Judiciary Committee 1/21/14.

Virginia HB 143 Provides that documents required to be posted by a clerk on or at the front door of a courthouse or on a public bulletin board at a courthouse may instead be posted on the public government website of the locality served by the court. Approved by full House 1/24/14.

Virginia HB 161 Allows counsel and parties in a general district court to make recordings of proceedings by method other than tape recording. Approved by full House 1/24/14.

Virginia HB 1013 Permits the chief judge of a juvenile and domestic relations district court to direct the clerk of that court to destroy documents related to civil and criminal cases that have been ended for a period of three years, provided that the documents have been microfilmed or converted to an electronic format. Currently, the chief judge of a general district court has such authority. Approved by House Courts of Justice Civil Subcommittee 1/20/14.